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200210093 <br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsureq any other entity, <br />or affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a port ion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, m reducing losses. If such agreement provided that an affiliate of Lender takes a share of the insurer's risk in exchange <br />for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for <br />Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has— if any — with respect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceedsareherebyussignedtomd <br />shall be paid to Lender. <br />Property to ensure the work has been completed to Lender <br />promptly. Lender may ay for the repairs and restoration it <br />work is completed. Unless an agreement is made in w. <br />Miscellaneous Proceeds, Lender shall not be required to <br />Proceeds. If the restoration or repair is not economically to <br />Proceeds shall be applied to the sums secured by this Seen <br />paid to Borrower. Such Miscellaneous Proceeds shall be <br />In the event of a total taking, destruction, or los, <br />applied to the sums secured by this Security Instrument, w <br />Lender otherwise agree in w <br />Miscellaneous Proceeds malt <br />partial taking, destruction, or <br />taking, destruction, or loss in <br />In the event of a par <br />in <br />ogle disbursement or in a series of progress payments as the <br />or Applicable law requires interest to be paid on such <br />3orrower any interest or earnings on such Miscellaneous <br />> or Lender's security would be lessened, the Miscellaneous <br />sstrument, whether or not then due, with the excess, if any, <br />ed in the order provided for in Section 2. <br />aloe of the Property, the Miscellaneous Proceeds shall be <br />r or not then due, with the excess, if any, paid in Borrower. <br />value of the Property in which the fair market value of the <br />ss in value is equal to or greater than the amount ofthe sums <br />on, or loss in value, unless Borrower and <br />shall be reduced by the amount of the <br />fthe sums secured immediately before the <br />e Property immediately before the partial <br />mmediawlybefore the partial taking, destructi <br />the sums secured by this Security Instrument <br />ry the following fraction: (a) the total amount o <br />value divided by (b) the fair market value of ih <br />Any balance shall be paid to Borrower. <br />;inn, destruction, or loss in value of the Proper <br />ty in which the fair market value of the <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not me sums are men <br />due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the dare the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />m restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. <br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br />has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />I could result in forfeiture ofthe Property or other material impairment of Lender's interest in the Propertyorrights <br />under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment precludes forfeiture <br />of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The <br />proceeds of any award or claim for damages that are attributable m the impairment of Lender's interest in the Property are <br />hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order <br />provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />I not operate to <br />to commence to <br />or remedy including, without limitation, Lender's acceptance <br />or any Successors in Interest <br />t any Successor in Interest of Borrower or m refuse to extend <br />secured by this Security Instrument by reason ofanydemand <br />Borrower. Any forbearance by Lender in exercising anyright <br />of payments from third persons, entities or Successors in <br />Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co- signets; Successors and Assigns Bound. Bormwercoverentsandagrees <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security <br />Instrument but does not execute the Note (a "co- signer "): (a) is co-signing this Security Instrument only to mortgage, grant <br />and convey the co-signer's interest in the Properly under the terms of this Security Instrument; (b) is not personallyobligat d <br />to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co, <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Lender agrees m such release in writing. The covenants and agreements of this Security Instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, <br />but not limited to, attorneys fees, property inspection and valuation fees. In regard to any other tees, the absence of express <br />anthnrity in this Security instrument to chance a mccific fee m Borrower shall not be construed as a orohibinon on the <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or m be collected in connection with the Loan exceed the permitted limits, then: (a) <br />any such loan charge shall be reduced by the amount necessary m reduce the charge to the permitted limit; and (b) any sums <br />NEBRASKA -- Single Family— FmnieMa reddie Mac UNIFORM INSTRUMENT F..3028 1/01 (Page 5of8gages) <br />W54 CV uAc) C11972 <br />